If you’ve been injured by a dog bite, you deserve compensation for your medical bills, lost wages, and more. At Russell & Hill, PLLC, our attorneys are highly experienced in pursuing claims against those responsible and securing the compensation you deserve. Contact us today at 800-529-0842 or by using our contact form for a free consultation and get started on your case.
Washington State Dog Bite Laws: Strict Liability
Washington follows a strict liability rule for dog bites. This is established under Section 16.08.040 of the Revised Code of Washington.
Strict liability means that dog owners are typically responsible for injuries their dogs cause, even if the animal has never shown aggressive behavior before. Victims do not need to prove that the owner knew the dog was dangerous—liability is assigned based on the act itself, as long as the victim was lawfully on public or private property.
Washington’s strict liability law differs from many other states, where victims often need to prove the dog had a history of dangerous behavior or that the owner was negligent in preventing the attack.
Exceptions to Strict Liability
While Washington follows a strict liability rule, there are certain exceptions where a dog owner may not be held responsible:
- Provocation: If the victim provoked the dog—such as by teasing, hitting, or threatening it—the owner may not be liable for the resulting bite. Provocation can be any intentional act that leads the dog to defend itself, which might reduce or eliminate the owner’s liability.
- Trespassing: If the victim was unlawfully on the owner’s property when the bite occurred, the owner may not be held liable. In Washington, strict liability only applies if the victim was legally on the property, such as a guest or delivery person. Trespassers, by contrast, may have limited recourse.
- Assumption of Risk by Professionals: Certain professionals, like veterinarians, vet assistants, or animal control officers, may not be able to file claims if bitten while performing their duties. This is because these professionals are seen as assuming the risk of interacting with potentially dangerous animals as part of their job. However, exceptions can arise if the owner was negligent in a way that goes beyond the typical risks associated with animal care.
- Non-bite injuries: Dog owners will sometimes not be held strictly reliable for any injuries caused by their dog that are not related to an actual bite. For example, if a dog runs into somebody where dogs are not required to be on leashes, knocks them over, and causes a broken arm, this may not fall under the strict liability requirements.
Comparative Negligence in Washington
Washington’s comparative negligence laws can affect compensation. If the victim’s own actions, like provoking the dog, contributed to the incident, any awarded damages might be reduced based on their level of fault.
Local Ordinances
Local ordinances in Washington can significantly influence a dog bite case. Cities often have specific leash laws or breed restrictions that shape the responsibilities of dog owners. For example, Yakima has banned pit bulls under its municipal code, citing concerns about public safety. If a pit bull were to bite someone in Yakima, and the owner had violated this ban by owning the dog, the owner’s liability would likely increase.
In Seattle, leash laws are strictly enforced, requiring dogs to be on a leash in public spaces unless they are in designated off-leash areas. If an owner allows their dog to roam without a leash in a public space and a bite occurs, this violation can further establish liability.
These examples show how local laws can complicate a dog bite case, making it important for victims and dog owners to be aware of any regulations specific to their area.
Severity of Dog Bite Injuries
Data available from the Centers for Disease Control and Prevention (CDC) shows that around 800,000 people seek medical treatment each year across the United States due to dog bite injuries. Dogs have powerful jaws that can inflict significant injuries. It is not uncommon for our attorneys to help clients who have sustained the following due to a dog bite:
Common Physical Injuries:
- Puncture Wounds: Puncture wounds occur when a dog’s teeth penetrate the skin. These injuries can be particularly dangerous if they become infected, leading to more severe complications such as tissue damage or the need for surgical intervention.
- Lacerations and Scarring: Deep cuts or tears in the skin caused by a dog’s bite can lead to permanent scarring. These injuries often require stitches or reconstructive surgery, and in some cases, the scars can be disfiguring.
- Nerve Damage: In more serious cases, a dog bite can damage nerves, potentially causing lasting issues like numbness, pain, or even loss of mobility in the affected area. This type of injury may require long-term medical care and rehabilitation.
- Fractures or Broken Bones: Larger dogs, or particularly forceful attacks, can result in broken bones, particularly in the hands or arms, where victims may try to defend themselves. Healing from fractures often requires extended recovery times, physical therapy, and in some cases, surgical intervention.
- Other Injuries: Can include finger amputations, significant blood loss, skin avulsions, and more, which can all require significant and immediate medical treatment and long-term care.
Psychological Impacts:
While physical injuries are often more visible, the psychological impact of a dog bite can be equally profound. This is particularly true when the victim is a child. According to the CDC, more than 50% of all dog bite victims are children. Victims may experience:
- Post-Traumatic Stress Disorder (PTSD): PTSD can develop after a traumatic event like a dog attack. Symptoms might include nightmares, flashbacks, anxiety, and a heightened fear of dogs. In some cases, victims may avoid outdoor activities or places where dogs are present, significantly impacting their quality of life.
- Emotional Trauma: Even if PTSD does not develop, victims may suffer from anxiety, depression, or a lasting fear of dogs. These emotional scars often require therapy or counseling to overcome.
- Social Impacts: Children who suffer from dog bites may face bullying or social isolation due to visible scarring or emotional withdrawal. This can have long-term effects on their self-esteem and social development.
- Cynophobia: After a dog attack, victims may develop cynophobia, an intense fear of dogs. This can manifest as extreme anxiety or panic in the presence of dogs, even if the animals are friendly or restrained. Cynophobia can interfere with daily life, leading victims to avoid areas where dogs may be present and negatively impacting their social interactions.
The combination of physical and psychological injuries can lead to a long and difficult recovery, making comprehensive medical and emotional support a top priority for victims.
Immediate Steps to Take After a Dog Bite
For both your health and the strength of a potential case, you must take quick action after a dog bite. Here’s a checklist of what to do immediately following a bite:
1. Seek Medical Attention
Even if the bite appears minor, it’s important to get medical care. Dog bites can easily become infected, and deep wounds may cause complications that aren’t immediately visible. Getting prompt treatment helps prevent this.
- Why It Matters: Along with the preservation of your health and physical well-being, medical records serve as important evidence in any dog bite case. They document the severity of the injury and help establish a timeline of events.
2. Identify the Dog and Owner:
Try to gather as much information about the dog and its owner as possible. Get the owner’s name, contact information, and details about the dog, including its breed and vaccination history (especially for rabies).
- Why It Matters: Knowing the dog’s vaccination history can prevent unnecessary rabies treatments, and having the owner’s information is necessary if you decide to pursue a lawsuit.
3. Document the Incident:
Take photographs of your injuries, the location of the attack, and the dog if possible. Collect witness statements and contact details if there were any bystanders.
- Why It Matters: Visual evidence and witness accounts can provide critical support for your case, helping to verify the extent of your injuries and the circumstances of the attack.
4. Report the Incident to Local Authorities:
Contact animal control or local law enforcement to report the bite. Many places require mandatory reporting for dog bites, which may trigger an investigation into the dog’s behavior.
- Why It Matters: An official report creates a documented record of the incident, which can be useful in court or insurance claims, and helps authorities track dangerous dogs in the community.
5. Report and Cooperate with Local Animal Control
After reporting the bite, local animal control may require you to provide further details or follow specific protocols. As the victim, it’s important to cooperate with any necessary procedures, such as confirming the dog’s vaccination status or providing additional statements.
- Why It Matters: Cooperating with animal control helps the investigation proceed smoothly and provides authorities with the information needed to address public safety concerns, which can also support your case.
Seeking Compensation
Victims of dog bites in Washington have the right to pursue compensation for their injuries. This compensation generally falls into two categories: economic and non-economic damages. Understanding the types of damages available can help you make informed decisions when seeking compensation.
Economic Damages
Economic damages refer to the financial costs directly related to the dog bite. These are typically easier to calculate and include:
- Medical Bills: Costs for emergency care, surgeries, physical therapy, medications, and any other medical treatment required.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages during recovery.
- Future Medical Costs: Some injuries, particularly severe bites or nerve damage, may require long-term treatment. Economic damages can cover these projected future expenses.
- Property Damage: In some cases, victims may have personal belongings (like clothing or electronics) damaged during the attack, which can be included in compensation claims.
Non-Economic Damages
Non-economic damages cover more subjective losses that don’t have a direct financial cost but still significantly affect your quality of life. These include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Emotional Trauma: Dog bites can result in lasting emotional issues, including anxiety, depression, or PTSD, which may be compensated under non-economic damages.
- Scarring or Disfigurement: Long-term or permanent scarring can result in additional compensation, especially if the injury affects visible areas like the face, causing emotional distress or impacting the victim’s confidence.
- Loss of Enjoyment of Life: If the injury prevents you from enjoying activities or hobbies you previously took part in, this may be included in non-economic damages.
How a Dog Bite Injury Attorney Can Help
- Understanding Washington’s Dog Bite Laws: Washington’s strict liability laws favor victims, but there are exceptions, such as provocation or trespassing. An attorney helps you understand how these laws apply to your specific case and strengthens your claim by addressing potential challenges.
- Collecting and Preserving Evidence: Your attorney will help you gather evidence, such as medical records and witness statements, to build a strong case. This is especially important if the incident involves disputed facts or serious injuries like disfigurement or emotional trauma.
- Maximizing Compensation: Attorneys help you pursue full compensation, covering both medical expenses and emotional trauma. They handle negotiations with insurance companies to prevent low settlements and make certain your damages are fairly accounted for.
